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H.R. 1073: Wildfire Wireless Resiliency Act

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The text of the bill below is as of Feb 15, 2021 (Introduced).

I

117th CONGRESS

1st Session

H. R. 1073

IN THE HOUSE OF REPRESENTATIVES

February 15, 2021

introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide that construction, rebuilding, or hardening of communications facilities following a major emergency declared by a Governor relating to a wildfire are not subject to requirements to prepare certain environmental or historical preservation reviews.

1.

Short title

This Act may be cited as the Wildfire Wireless Resiliency Act.

2.

Application of NEPA and NHPA to covered communications projects

(a)

NEPA exemption

A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(b)

National historic preservation act exemption

A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code.

(c)

Definitions

In this section:

(1)

Communications facility

The term communications facility includes—

(A)

any wireless or wireline infrastructure for the transmission of writing, sign, signal, data, image, picture, or sound of any kind;

(B)

any transmitting device, tower, or support structure, and any equipment, switch, wiring, cabling, power source, shelter, or cabinet, associated with the provision of communications services; and

(C)

any antenna or apparatus that—

(i)

is designed for the purpose of emitting radio frequency;

(ii)

is designed to be operated, or is operating, from a fixed location; and

(iii)

is added to a tower, building, or other structure.

(2)

Communications service

The term communications service means a service for the transmission of any writing, sign, signal, data, image, picture, or sound of any kind.

(3)

Covered project

The term covered project means a project that—

(A)

is to be carried out entirely within an area for which a Governor has declared a major disaster or an emergency related to a wildfire;

(B)

is to be carried out not later than 5 years after the date the Governor made such declaration; and

(C)

replaces a communications facility damaged by such disaster or emergency or makes improvements to a communications facility in such area that could reasonably be considered as necessary for recovery from such disaster or emergency or to prevent or mitigate any future disaster or emergency.